HomeMy WebLinkAboutMINUTES Town Board 2018-05-22Town of Estes Park, Larimer County, Colorado, May 22, 2018
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said
Town of Estes Park on the 22nd day May, 2018.
Present:
Also Present:
Todd Jirsa, Mayor
Trustees Carlie Bangs
Marie Cenac
Patrick Martchink
Ron Norris
Cody Rex Walker
Ken Zornes
Frank Lancaster, Town Administrator
Travis Machalek, Assistant Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the regular meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Martchink) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
Pat Newson/Town citizen welcomed the citizens to the Memorial Gardens to celebrate
the 34th anniversary of the Gardens on Memorial Day and to recognize those that have
served our country.
TOWN BOARD COMMENTS
Trustee Zornes stated he attended the recent Wasteshed meeting and the Visit Estes
Park Executive candidate presentation and citizen meet and greet. He invited the citizens
to the Memorial Day services at the Garden, pancake breakfast at the American Legion
and a ceremony at the Veteran's Memorial monument.
Trustee Norris stated the Family Advisory Board (FAB) would hold a special meeting to
hear a presentation from the Economic Development Corporation (EDC) on workforce
housing on May 24, 2018. The Estes Valley Planning Commission (EVPC) continues to
discuss increasing the number of meetings, changing meeting times, and producing
meeting minutes for the study sessions held prior to the regular meetings. All efforts are
to provide citizen input. The EVPC would review the residential vacation home cap of
588 which was reached in the past two weeks. He reviewed the Planning Commission
agenda, including the approval of a Special Review for Eagle Rock School and the denial
of a rezoning request for the property directly behind the Twin Owls Lodge.
Trustee Walker attended the recent EDC meeting. He commented the Town should
determine the value of the $40,000 annual funding; what does the EDC complete annually
based on their mission; would the Town complete the tasks on its own; and does the EDC
complete the tasks at a less expensive manner than could be completed by the Town.
Trustee Bangs attended the Transportation Advisory Board meeting in which the five and
ten year objectives and budget were reviewed. The Board discussed recommendations
for the Town Board's strategic plan meeting in June.
Board of Trustees — May 22, 2018 — Page 2
Trustee Cenac attended the Mayors Chat this month. She proposed the Board hold a
similar Trustee Chat in the evenings to hear from the citizens.
Trustee Martchink commented the Parks Advisory Board met and received a Parks
update including several project updates. The Board discussed the importance of
expanding the greenhouse due to an increase in plantings around town.
TOWN ADMINISTRATOR REPORT.
No items were reported.
1. CONSENT AGENDA:
1. Town Board Minutes dated May 8, 2018 and Study Session Minutes dated May
1, 2018 and May 8, 2018.
2. Bills.
3. Transportation Advisory Board Minutes dated April 18, 2018
(acknowledgement only).
4. Parks Advisory Board Minutes dated April 19, 2018 (acknowledgement only).
5. Estes Valley Planning Commission Minutes dated April 10, 2018
(acknowledgement only).
6. Appointments to the Transportation Advisory Board.
a. Linda Hanick to complete the term of Ken Zornes expiring on March 31,
2019.
b. Ron Wilcocks, 3-year term expiring March 31, 2021.
c. Janice Crow, 3-year term expiring March 31, 2021.
7. Intent to Annex Resolution #09-18 Eshelman Addition, 1901 Fish Creek Road,
Public Hearing date scheduled June 26, 2018.
It was moved and seconded (Martchink/Cenac) to approve the Consent Agenda,
and it passed unanimously.
2. REPORTS AND DISCUSSION ITEMS: (Outside Entities).
1. ESTES VALLEY PARTNERS FOR COMMERCE QUARTERLY UPDATE.
Kent Smith/Vice President provided an update on the organization, including and
update on the current board members, no membership dues until the fall to give
people a chance to try out the organization, a new postcard to all new
businesses, continue the Explore Your Store events, and continue the
development of additional membership opportunities.
2. FACILITATING ALTERNATIVE HOUSING OPTIONS WITHIN THE ESTES
VALLEY. Amber Groll, University of Colorado Denver Master of Urban and
Regional Planning graduate presented her Capstone project on alternative
housing options in Estes Park, including accessory dwelling units. The study
included the review of 35 other Colorado mountain communities. She stated the
lack of workforce housing is due to a growing population, increased housing
demand, high housing cost and median rent of $2,200, second home ownership,
and increased tourism. She stated 85% of employers are impacted and 28% of
the workforce commutes 25 or more miles. She recommended the Town update
the Comprehensive Plan and Development Code to allow for and encourage
ADUs in all residential zoning districts, reduce minimum lot size requirements,
standardize unit sizes, create clear fee schedule, require homeowner occupancy,
prohibit short-term rentals of ADUs, increase permitted lot coverage, grandfather
non -conforming ADUs, create a streamlined implementation process, and create
an ADU program. ADUs would increase the housing options, increase housing
Board of Trustees — May 22, 2018 — Page 3
stock, create infill development, provide additional income, allow aging in place
and use existing infrastructure.
3. PLANNING COMMISSION ITEMS:
1. CONSENT ITEMS:
A. FINAL TOWNHOME PLAT, Raven Rock Townhomes, Promontory Drive at
Marys Lake Road, James R. Mackey And Susan M. Mackey. Request for
continuance to June 12, 2018.
It was moved and seconded (Norris/Bangs) to approve the Planning
Commission Consent Agenda, and it passed unanimously.
2. ACTION ITEMS:
A. ORDINANCE #09-18 REZONING FROM CH -COMMERCIAL HEAVY TO
CO -COMMERCIAL OUTLYING, 920 DUNRAVEN STREET, JOSE
TRINIDAD GONZALES RUIZ, MARK NEWENDORP. Mayor Jirsa opened
the public hearing. Planner Becker presented the application to rezone the
property from CH — Commercial Heavy to CO — Commercial Outlying to allow
for a microbrewery/tasting room. The site has 19 parking spaces and requires
little modification to provide indoor and outdoor seating areas. The current
uses in the area are a mix of commercial, office and commercial heavy
activities. A Development Plan and lot consolidation for the property has
been submitted and continues to be reviewed by staff and affected agencies.
Mark Newendrop/Brewery Owner stated the purchase of the building and
opening of the new business was conditional on the approval of the rezoning
request. The new business would provide jobs in the community.
Mayor Jirsa closed the public hearing. Attorney White read the Ordinance. It
was moved and seconded (Walker/Martchink) to approve the Zoning Map
Amendment and Ordinance #09-18 to rezone Lots 12 and 13 Quasebarth
Resubdivision, 920 Dunraven Street from CH -Commercial Heavy to CO -
Commercial Outlying, and it passed unanimously.
B. ORDINANCE #10-18 REZONING FROM E-ESTATE TO RM-RESIDENTIAL
MULTI -FAMILY, STANLEY AVENUE TOWNHOMES, 260 STANLEY
AVENUE. Major Jirsa opened the public hearing. Planner Becker presented
the application to rezone the property from E-Estate to RM-Residential Multi -
Family to combine the lot with an adjacent RM zoned lot for the purpose of
developing a townhome development project. The subject property recently
had a Final Plat approved on May 8, 2018 approving a split of the two (2) lots
into eight (8) lots for residential use and two (2) Outlots referred to as A and
B. In addition, the applicant has submitted the Stanley Avenue Townhomes
Development Plan as a site plan review. The applicant is under contract with
the Town (current owner) to purchase the subject property (small triangular
tip to the north) encompassing 0.07 acres in order to achieve the allowable
density for development of the eight (8) workforce housing townhomes. The
applicant intends to use the 0.07-acre parcel as a detention pond for the
Stanley Avenue Townhomes Development. Mayor Jirsa closed the public
hearing. Attorney White read the Ordinance. It was moved and seconded
(Norris/Bangs) to approve the Zoning Map Amendment and Ordinance
#10-18 to rezone a Portion of Lot 20, Little Prospect Subdivision, 260
Stanley Avenue from E-Estate to RM-Residential Multi -Family, and it
passed unanimously.
4. ACTION ITEMS:
1. RESOLUTION #10-18 SUPPORTING IMMIGRATION REFORM. Rene
Moquin/Concerned Citizens for our Immigration Community read a prepared
Board of Trustees — May 22, 2018 — Page 4
letter dated April 25, 2018 requesting the Board consider the adoption of the
proposed Resolution to support immigration reform and support the immigrant
population who support the local economy. He further stated the economic,
social, and cultural survival of the community would be threatened unless the
citizens come together to support the local immigrant population. He read the
Resolution in English followed by Jose Almeida in Spanish.
Those speaking in support of the Resolution included Lois Olson/Town citizen,
Carlos Degaldo/Town citizen, and Jose Almeida/Town citizen. Comments
included the United States was founded by immigrants, the laws should respect
all and welcome all, the Resolution supports the immigration process, immigrants
want to be apart of the community and help the community, and the Board has
an obligation to lead and pass Resolution that would show support for positive
change in the immigration process.
Millicient Cossie/Town citizen spoke in opposition to the Resolution stating
America is the melting pot of legal immigration. Immigration has always been a
difficult process and not all that came to America made it through the process.
She supports the laws and legal immigration.
Board comments followed and have been summarized: the issue of immigration
has become a partisan issue with both sides wanting to fix the issue and the
proposed Resolution is bipartisan; the proposed Resolution was reviewed by the
Town Attorney White and Police Chief Kufeld as it relates to sanctuary
community concerns; the language is symbolic rather than substantive; and
immigrants are important to the community.
It was moved and seconded (Norris/Zornes) to approve Resolution #10-18,
and it passed unanimously.
2. MEMORANDUM OF UNDERSTANDING WITH ROCKY MOUNTAIN
PERFORMING ARTS CENTER. Town Attorney White prepared a Memorandum
of Understanding (MOU) between the Town and Estes Performance Inc. (EPIC)
to site a performing arts complex on 4.5 acres of Stanley Park located on the
southwest corner of Community Drive and Highway 36 if milestones set forth in
the agreement are met. If EPIC meets the requirements, the Town and EPIC
would enter into a Ground Lease with a 20-year initial term and require EPIC to
be responsible for all cost of the design, construction and operation of the
performing arts complex. EPIC would be required to raise a total of $11 million
in pledges and gifts on or before March 1, 2019 with an option to extend the
deadline to June 1, 2019, and an additional $16.75 million on or before December
1, 2019. The MOU would automatically terminate if the funds are not raised.
Administrator Lancaster further stated the MOU would have to be incorporated
into the Master Plan and the MOU states any Town facilities displaced would
have to be replaced at the cost of EPIC.
Board comments were heard and summarized: questioned the term fundraising
and whether or not EPIC would be expected to have the funds in the bank or
would pledges suffice; questioned what happens to any buildings on the property
if EPIC walked away from them; stated concern with the location on the Stanley
Park property and the need to move the current facilities in the location outlined
in the MOU; and the addition of parking and not utilizing shared facilities to limit
the need for new concrete and asphalt on the property.
Charley Dickey/Town citizen stated support for the EPIC project. He questioned
how the Board could approve the location for the performing arts complex on the
Stanley Park property prior to the completion of the Master Plan and without
receiving public comment.
Stan Black/EPIC Board member commented a pledge is a legally binding
contract between EPIC and the donor with specific language on when and how
the funds can be collected. The proposed location on the Stanley Park property
Board of Trustees — May 22, 2018 — Page 5
has been identified by EPIC as the best location. The sketch provided for the
purpose of the MOU was completed with a rough layout of the types of facilities
that could be located on the property and not necessarily the final locations.
EPIC anticipates being involved in the Master Planning process. In order to
begin the fundraising campaign this season, the MOU would be needed to assure
donors EPIC has a location for the theater. A delay in approving the location
until after the Master Planning process would require EPIC to suspend
fundraising until a final decision could be made by the Town. The MOU would
allow EPIC 4.5 acres of contiguous property at the fairgrounds
Further discussion was heard by the Board: questioned if the Master Plan does
not determine the current location is the highest and best use for a performing
arts center would EPIC support a new location on the property; stated concern
with committing to the MOU before the community has provided input; and the
Board requested the MOU at a pervious meeting thereby supporting the facilities
at the fairgrounds. Any changes to the MOU would have to be approved by the
EPIC Board.
Trustee Norris suggested additional language be added to B.1 Location to
include the following: the final location of the 4.5 acres may be revised based on
the Master Planning process. Mr. Black stated EPIC would have to complete an
additional cost estimate for the specific location identified, adding costs and
delaying the construction of the project.
A substitute motion was offered, it was moved and seconded
(Zornes/Martchink) to approve the Memorandum of Understanding with the
Rocky Mountain Performing Arts Center with no amendments, and the
motion failed with Mayor Jirsa, Mayor Pro Tem Walker, Trustee Cenac, and
Trustee Norris voting "No".
With the failure of the substitute motion the original motion was considered. It
was moved and seconded (Norris/Bangs) to approve the Memorandum of
Understanding with the Rocky Mountain Performing Arts Center and the
Town of Estes Park with the addition to B.1 Location to add the following:
The final location of the 4.5 acres site may be adjusted based on the results
of the Town Master Plan, and it passed with Trustee Martchink voting "No".
3. RESOLUTION #11-18 SUPPLEMENTAL BUDGET APPROPRIATION. Director
Hudson presented a Resolution to amend the 2018 Budget to appropriate funds
for the Stanley Park Master Plan, electric trolley project, the Community Drive/US
Hwy 36 Intersection project and the Moraine Avenue Bridge project along with
the matching grant funds. The Master Plan would be funded through funds
received from CIRSA for a claim to the arena footing in the mount of $124,991.50.
The amendment would appropriate $460,000 for the acceptance of a new electric
trolley and grant funds in the amount of $360,000. Parking structure project
savings were earmarked for the grant match. The Town was awarded additional
CDBG grant funds in the amount of $293,057 to cover the costs of scope
changes and efforts to accelerate work due to unanticipated delays for the
Moraine Bridge project. Staff has requested $14,000 for design cost to explore
a roundabout in lieu of a turn lane at Community Drive and US Hwy 36 and an
additional $102,500 for construction.
Stan Black/Transportation Advisory Board member stated all aspects of the
intersection have been studied by the TAB and the Board supports a roundabout
at this location.
Nathan Richardson/Town citizen stated a roundabout in this area could be
problematic for the school students driving to the High School.
It was moved and seconded (Martchink/Walker) to approve Resolution #11-
18, and it passed unanimously.
Board of Trustees — May 22, 2018 — Page 6
It was moved and seconded (Martchink/Walker) to approve Resolution #11-
18, and it passed unanimously.
4. MORAINE AVENUE BRIDGE CONSTRUCTION CONTRACT REVISION.
Manager Hook presented the request to amend the contract with Structures,
Inc. to increase funding by $460,617.50 for a total cost of $2,505,971.04. The
additional grant funds received through CDBG-DR would support the
accelerated work, stormwater drainage pipe replacement and other work
modifications to ensure opening of the roadway by Memorial Day weekend. It
was moved and seconded (Norris/Cenac) to authorize construction
contract change orders with Structures, Inc. for the Moraine Avenue
Bridge Replacement Project for a total amended contract of $2,505,971.04,
an increase of $460,617.50, and it passed unanimously.
5. RESOLUTION #12-18 SUPPLEMENTAL BUDGET APPROPRIATION TO
BEGIN IMPLEMENTATION OF THE DOWNTOWN PARKING
MANAGEMENT PLAN RECOMMENDATIONS. The Town Board approved the
Downtown Parking Management Plan at their January 23, 2018 meeting. In
order to implement Phase 1 of the Plan staff has proposed a budget
amendment to purchase equipment and hire a manager to lead a new Parking
and Transit Division. Staff further recommended an internal reorganization to
move both the existing Transportation services (shuttle) from the Community
Services department and parking enforcement from the Police department to
Public Works. The Resolution to amend the budget would move $240,000 from
the Community Reinvestment fund, unspent contingency funds allocated to the
parking structure project, to the General fund to cover the costs of
implementation. The existing Transit Program Manager position would be
eliminated with the hiring of a new Transportation Manager. It was moved and
seconded (Walker/Cenac) to approve Resolution #12-18, and it passed
unanimously.
6. APPOINTMENT OF TRUSTEE REPRESENTATIVE TO THE LARIMER
COUNTY REGIONAL TRANSPORTATION FUNDING TASK FORCE. Director
Muhonen stated a Regional Task Force consisting of political leaders from
Larimer County, Fort Collins, Loveland and Estes Park was formed to address
the transportation infrastructure expansion needs of the area. Trustee Holcomb
was the Board liaison for the group prior to the Municipal Election in April. As
he was not re-elected a member of the current Board was requested. It was
moved and seconded (Norris/Cenac) to approve the appointment of
Trustee Martchink to the Larimer County Regional Transportation
Funding Task Force, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 9:39 p.m.
Todd Jirsa, May
Jai Williamson, Town Clerk